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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
Modern Land Law is one of the most current and reliable textbooks available on land law today, offering a lively and thought-provoking account of a subject that remains at the heart of our legal system. Providing an accessible approach to a complex subject, this compact textbook provides an absorbing analysis of all the key legal principles relating to land. Written with students firmly in mind, a clear introduction to every chapter frames each topic in its wider context and corresponding chapter summaries help to consolidate learning and encourage reflection. The 13th edition has been revised and brought fully up to date to address all major developments in the law, and includes key recent cases, such as Hudson v Hathway and Global 100 v Laleva in the Court of Appeal.
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
This collection presents an innovative series of essays about the medieval culture of Feud and Violence. Featuring both prominent senior and younger scholars from the United States and Europe, the contributions offer various methods and points of view in their analyses. All, however, are indebted in some way to the work of Stephen D. White on legal culture, politics, and violence. White's work has frequently emphasized the importance of careful, closely focused readings of medieval sources as well as the need to take account of practice in relation to indigenous normative statements. His work has thus made historians of medieval political culture keenly aware of the ways in which various rhetorical strategies could be deployed in disputes in order to gain moral or material advantage. Beginning with an essay by the editors introducing the contributions and discussing their relationships to Stephen White's work, to the themes of the volume, to each other, and to medieval and legal studies in general, the remainder of the volume is divided into three thematic sections. The first section contains papers whose linking themes are violence and feud, the second section explores medieval legal culture and feudalism; whilst the final section consists of essays that are models of the type of inquiry pioneered by White.
This volume provides a simple and practical explanation of the most important aspects of EC environment law. It introduces the EC and its institutions, explains the main environmental laws - air and noise, chemicals and industrial risks, nature conservation, waste and water - how these laws can be used, how EC law is made and how to influence its development. It includes useful case studies and suggestions for further reading to those wishing to carry out further research in a particular area.
The popularity of mixed use buildings has highlighted the need to understand the substantial impact of residential tenants' rights. This book, by authors known for their practical expertise in this highly specialized area, includes a detailed overview of tenants' rights of first refusal under the Landlord and Tenant Act 1987, tenants' rights of collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 and tenants' collective rights to manage under the Commonhold and Leasehold Reform Act 2002. The authors not only provide the lawyer with everything they need to know whether acting for tenant or landlord, but also everyone associated with mixed use buildings will find the detail and clarity of information in this book vital in understanding the key laws and dealing in a straightforward manner with the issues surrounding mixed use. Flowcharts and copies of all the relevant legislation, plus a detailed review of the Landlord and Tenant Act 1987 and other important cases, provide a definitive and essential professional guide.
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
This book explores incentives capable of enhancing the effectiveness of urban planning systems in Sub-Saharan Africa using economic theory as a framework. It argues that urban planning is fundamental to the achievement of sustainable and resilient cities, but against the backdrop of rising levels of urbanisation and growth, poverty, informal development, and climate change, such systems are failing to be promoted and successfully maintained in the region. Across ten chapters, it analyses the connection between urban planning and socio-economic development, indicators of effective urban planning systems, and the role and influence of incentives with real-world evidence. It develops quantitative models to estimate the costs and benefits of urban planning systems, focussing on the developing world where organised data is less accessible. Using Ghana as a case study, it demonstrates a step-by-step approach on how to implement the quantitative models discussed. Economic Incentives in Sub-Saharan African Urban Planning will be useful reading for researchers, policy-makers, development agencies, and students in urban planning, sustainable development, and economics.
This book presents a critical analysis of the concept of 'adequate housing'. While the concept of adequate housing is used largely as a normative standard in the protection of housing rights and in the implementation of housing policies, its apparent objectivity and universality have never been questioned by political and legal theory. This book analyses and challenges the understanding of this term in law and politics by investigating its relationship with the idea of 'home'. 'It is necessary to provide them with adequate housing!' It is very common to hear this phrase when dealing with housing poverty, especially in relation to migrants, minorities, indigenous and other subaltern groups are concerned. But what does "adequate housing" mean? This book tackles this issue by proposing a critical analysis of this concept and of its use in the development of housing policies addressing the subaltern group par excellence in Europe, Roma. In so doing, it focuses on the lives of Roma and Sinti in Italy who have been the target of inclusion policies. Highlighting the emotional connection to housing, and dismantling some of the most 'common sense' ideas about Roma, it offers a radical revision of how social justice in the housing sector might be refigured. This book will be invaluable for scholars and students working on relevant themes in socio and critical legal studies, sociology, human rights, urban studies, human geography and Romani studies
How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.
Since the 1980s the "institutional" lease has undergone a dramatic transformation. Landlord-orientated FRI leases for a term of twenty-five years with no breaks and upwards-only rent reviews have retreated before market demands for shorter, more flexible letting arrangements and, recently, in the face of threatened legislation. Nevertheless, valuers and lawyers will have to understand and deal with the 1980s leases until well into the second decade of the twnety-first century. The book sets out to explain the main changes that have occurred since the early 1990s (such as the rules relating to privity of contract). It also provides guidance on the factors driving further change, including the Code of Practice for Commercial Leases and the proposed new accounting standards.
This book shows how governance regimes before the 1970s suppressed rural prospects of housing improvement and created conditions for middle-class capture. Using original archival sources to reveal the intricacies of local and national policy processes, weak rural housing performances are shown to owe more to national governance regimes than local under-performance. Looking `behind the scenes' at policy processes highlights neglected principles in national governance, and shows how investigating rural housing is fundamental to understanding the national scene. With original insights and a new analytical perspective, this volume offers evidence and conclusions that challenge mainstream assumptions in public policy, housing, rural studies and planning.
Every surveyor, property manager and lawyer who deals with commercial property needs to have a thorough knowledge of Part II of the Landlord and Tenant Act 1954, which governs the rights of business tenants to obtain renewals of their leases. A maze of complex and carefully interlocking provisions, the Act was radically amended by a Regulatory Reform Order as from 1 June 2004. These changes include: *widening the scope of protection *removing traps for tenants such as the counter-notice *changing the rules about court applications *amending the basis of assessing interim rent *imposing tougher requirements for giving information *creating new procedures for contracting out of the Act *a raft of new prescribed forms This new book gives a clear explanation of the workings of the amended Act, keeping the framework in view while delving into the detail whenever needed. The old law is included for those situations where it may still be relevant. Written by a property lawyer assisted by a chartered surveyor and a property litigator, this publication, in addition to setting out the law, gives detailed guidance on practice for surveyors, managers, valuers, expert witnesses and property lawyers.
The Residential Leaseholders' Handbook explains in plain language everything leaseholders and their advisers need to know in relation to long residential leases. Among the common problems it tackles are absent landlords; spiralling service charges; the right to be consulted on significant or long term service charge items; how to challenge excessive charges; how to gain control from difficult or exploitive landlords and how to set up a management company. The book begins with the legal framework of a typical ground lease and its main provisions including: responsibility for repairs, insurance and management of a building, the meaning of the covenant for "quiet enjoyment" and the termination of a lease due to overdue rent. The author explains what lenders look for in a residential lease; how leaseholders can insist that their lease is amended to meet lenders' requirements and the issues relating to assignment, subletting and alteration of leasehold premises. Extensive use of real life scenarios, landmark cases and some fictitious case studies illustrate how leasehold law works in practice and enables readers to effectively assess their position. Written in non-technical language this book is a reliable source for leasehold management companies, managing agents, legal advisers, students and residential leaseholders.
Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes - thus begins a list of early modern luminaries who wrote on 'equity'. In this study, Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In doing so, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. striking culture of equity characterised and strengthened by the diversity of its genealogy and its applications. This culture manifests itself; inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal and intellectual history, legal and cultural theory, moral and political philosophy, and theology.
Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible. Subjects examined in this book include: the new rules on forfeiture the new rules on ground rents service charge recovery enforcing county court judgments the new procedures and jurisdictions of the Leasehold Valuation Tribunals enforcing repairs neighbour disputes and nuisance cases injunctions and specific performance costs and administration charges alternative dispute resolution. Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.
The role of the third surveyor often lacks clarity even sometimes to those in the industry. This book aims to clear any misconceptions about the responsibilities of the third surveyor and outlines the steps taken in choosing a professional for this role, as well as discussing who may carry it out.
Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature.Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.
The Pocket Lawyer series is designed for members of the public who want 'how to' guidance in situations that would normally require expert advice. Each title: is written by experts in their field contains all the information you need in one book has an accessible and user-friendly layout and structure is supported by a companion website providing free updates and ready-to-use documents and letters. Under the Inland Revenue's Rent-a-Room scheme you can earn GBP4,250 free of tax by taking in a lodger. This book will help you to decide whether taking in a lodger is for you. Once decided, it will guide you through your legal obligations as a landlord, help you choose and vet a suitable lodger and help you draft an agreement that is legally sound and fair for both of you.
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. The contributors examine this phenomenon in three ways. First, in the interaction of land law, housing law and family law to the acquisition of rights in the home. Secondly, by considering how human rights norms will impact on the development of property and obligations law in the future. Thirdly, by reconsidering the historical development of many of these notions in English law. What emerges is an understanding that when the concepts of property and obligations are uprooted from their conceptual soil, they take on very different characteristics.
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
How did Chicago, a city known for commerce, come to have such a splendid public waterfront-its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role. |
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